DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species I (Fig1-4b) in the reply filed on 05/21/2026 is acknowledged. Claims 1-8 will be examined as being drawn to the elected species.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "the return direction" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claims 4-5 are rejected due to their dependency on claim 3.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mani et al. US 11156025 -(hereinafter referred to Mani).
Claim 1. Mani discloses an exit device with a first position and a second position comprising:
an actuator (132) movable from a first unactuated position (not pushed – door bolt is extended) to a second actuated position (pushed – door bolt is retracted);
an arm (136) operatively coupled to the actuator, wherein the arm is movable from a first arm position (door bolt is extended) to a second arm position (door bolt is retracted), and wherein the movement of the actuator first unactuated position to a second actuated position moves the arm from the first arm position to the second arm position;
a door bolt operatively coupled to the arm, wherein the door bolt is moveable from a first door bolt position (door bolt is extended) to a second door bolt position (door bolt is retracted), and wherein the movement of the arm from the first arm position to the second arm position moves the door bolt from the first door bolt position to the second door bolt position; and
at least one damper (damper module 200 via first slowing mechanism 201) operatively connected to at least one of the actuator, the arm and the door bolt, wherein the damper is configured to minimize noise associated with the movement of at least one of the actuator, the arm and the door bolt. (see abstract, technical field and background, col 7 lines 33-44.)
Claim 2. Mani discloses the exit device of claim 1, wherein the actuator is a push bar. (fig1)
Claim 3. Mani discloses the exit device of claim 1, wherein the at least one damper is a one-way damper, wherein the damper is configured to minimize noise associated with movement in a return direction of at least one of the actuator, the arm and the door bolt. (col 7 lines 33-44; col 9 lines 35-66; col 10 lines 1-68)
Claim 4. Mani discloses the exit device of claim 3, wherein the at least one one-way damper is a rotary speed limiter (230). (col 7 lines 45-61)
Claim 5. Mani discloses the exit device of claim 3, wherein the at least one damper comprises two one-way dampers (via a damper in the first slowing mechanism 201 and a damper in the second slowing mechanism 202), wherein a first damper (230 via first slowing mechanism 201) is configured to minimize noise associated with movement in the return direction of at least one of the actuator, the arm and the door bolt and a second damper (206 via second slowing module 202) is configured to minimize noise associated with movement in the actuation direction.
Claim 6. Mani discloses the exit device of claim 1, wherein the at least one damper is a linear damper (206 can be linear dampers, see col 9 lines 60-67).
Claim 7. Mani discloses the exit device of claim 1, further comprising a lever (154) having a first end (connected via pin to 152, fig3) operatively coupled to the door bolt and a second end (opposing end, not explicitly labeled fig3) operatively connected to the damper.
Claim 8. Mani discloses the exit device of claim 7, further comprising a spring (206) configured to bias the lever to follow the door bolt from the first position to the second position. (206 can bias 260 in direction of extension and therefore bias 156 of 154; fig3, col 9 lines 54-67)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Art is related to exit devices.
Related but not relied upon prior art : US 11220838, US 12221805, US 12560015.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIA F. AHMAD whose telephone number is (571)270-1334. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine M. Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.F.A./
Examiner
Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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